Ahn et al v. Scarlett et al
Filing
101
ORDER GRANTING 99 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 10/10/2017. (ejdlc2S, COURT STAFF) (Filed on 10/10/2017)
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William J. Goines (SBN 61290)
goinesw@gtlaw.com
Cindy Hamilton (SBN 217951)
hamiltonc@gtlaw.com
Alice Y. Chu (SBN 264990)
chua@gtlaw.com
GREENBERG TRAURIG, LLP
1900 University Avenue, Fifth Flor
East Palo Alto, CA 94303
Telephone: (650) 328-8500
Facsimile: (650) 328-8508
Attorneys for Plaintiffs Gregory Ahn and Cult of 8,
Inc.
Erik L. Jackson (SBN 166010)
ejackson@cozen.com
COZEN O’CONNOR
601 S. Figueroa Street, Suite 3700
Los Angeles, CA 90017
Telephone: (213) 892-7961
Attorney for Defendant Jonathan White
Joseph W. Anthony (admitted pro hac vice)
janthony@anthonyostlund.com
Randy G. Gullickson (admitted pro hac vice)
rgullickson@anthonyostlund.com
ANTHONY OSTLUND BAER & LOUWAGIE P.A.
90 South 7th Street, Suite 3600
Minneapolis, MN 55402
Telephone: (612) 349-6969
Facsimile: (612) 349-6996
Richard Van Duzer (SBN 136205)
rvanduzer@fbm.com
Aviva J. Gilbert (SBN 300091)
agilbert@fbm.com
FARELLA BRAUN & MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: (415) 954-4400
Facsimile: (415) 954-4480
Attorneys for Defendant Matthew D. Scarlett
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Anthony D. Giles (SBN 178876)
anthony@anthonygiles.com
LAW OFFICE OF ANTHONY GILES
155 Sansome St., Ste. 500
San Francisco, CA 94104
Telephone: (415) 839-2099
Attorney for Defendant Alcohol by Volume, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Gregory Ahn, an individual, Jonathan White,
an individual, Cult of 8, Inc., a California
corporation
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Plaintiffs,
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vs.
Matthew D. Scarlett, an individual, Alcohol
By Volume, Inc., a Nevada Corporation,
inclusive,
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Defendants.
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959845.1
Case No: 5:16-cv-05437-EJD
JOINT STIPULATION AND [PROPOSED]
ORDER
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RECITALS
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A.
This action, along with the related case, Matthew Scarlett, individually and
derivatively on behalf of Alcohol By Volume, Inc. vs. Jonathan White, et al., Case No: 5:17-cv-
4 01430-EJD (the “Related Action”), involve disputes, inter alia, relating to the ownership and
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operations of two related corporations, CO8 and Alcohol by Volume, Inc. (“ABV”).
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B.
In April 2017, a closing occurred on the sale of one of the wine brands to an unrelated
C.
Because of disputes about the proper allocation of proceeds from the sale transaction,
party.
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the parties to this action, along with another unaffiliated entity, agreed to arbitrate before JAMS in
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San Francisco several issues, relating to the proper distribution of the proceeds from the sale of the
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brand. That arbitration proceeding is currently pending before JAMS as Fior di Sole, LLC v.
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Scarlett, Matthew, et al., JAMS Reference No. 1100087495.
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D.
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JAMS arbitration.
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E.
The arbitration hearing is now scheduled for March 19 – 30, 2018.
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F.
The parties believe that resolution of the issues in the arbitration is likely to affect
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Proceedings in this matter have previously been continued in light of the pending
resolution of this matter.
G.
There is currently pending before this Court in this action and the Related Action an
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initial case management conference on October 26, 2017 at 10:00 a.m. Certain filings, including the
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Joint Case Management Statement and related filings are due to be filed in advance of the case
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management conference.
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H.
The parties believe that it will be efficient and preserve both judicial resources and
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resources of the parties if the case management conference and current filing deadlines relating to it
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are continued for a period of 90 days to allow time for the parties to confirm the scope of issues to be
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determined in the arbitration proceeding and to report back to the Court with a recommendation as to
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the handling of this action and the Related Action during the pendency of the JAMS arbitration.
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I.
This stipulation in no way affects White’s motion for disqualification of his former
counsel, Greenberg Traurig, which is currently pending before the Court, the subpoena issued to
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Joint Stipulation and [Proposed] Order
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Greenberg Traurig by White, or arguments or positions concerning White’s demand for the file from
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Greenberg Traurig.
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STIPULATION
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Based upon the above recitals, the parties, through their undersigned counsel, hereby
stipulate and request that the Court enter an order as follows:
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The initial case management conference currently scheduled for October 26, 2017 is
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continued for a period of 90 days, and the Court shall reschedule the case management conference at
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a date and time on or after January 24, 2018.
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2.
All current filing deadlines, specifically including the deadlines for filing of the Joint
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Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued for a
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period of 90 days.
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3.
Within 100 days of this Stipulation and Order, the parties shall report to the Court
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regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it,
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the impact of that arbitration on this action and the Related Action, and their views as to the
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appropriate handling of this action and the Related Action during the pendency of the JAMS
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arbitration.
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Dated: October 4, 2017
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By:/s/ Cindy Hamilton
William J. Goines
Cindy Hamilton
Alice Y. Chu
Attorneys for Plaintiffs Gregory Ahn, and
Cult Of 8, Inc.
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GREENBERG TRAURIG, LLP
Dated: October 4, 2017
COZEN O’CONNOR
By:/s/ Erik L. Jackson
Erik L. Jackson
Attorney for Plaintiff Jonathan White.
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Joint Stipulation and [Proposed] Order
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Dated: October 4, 2017
ANTHONY OSTLUND
BAER & LOUWAGIE P.A.
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By:/s/ Randy G. Gullickson
Joseph W. Anthony (admitted pro hac vice)
janthony@anthonyostlund.com
Randy G. Gullickson (admitted pro hac vice)
rgullickson@anthonyostlund.com
Attorneys for Defendant Matthew D. Scarlett
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Dated: October 4, 2017
LAW OFFICES OF ANTHONY GILES
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By:/s/ Anthony Giles
Anthony Giles
Attorney for Defendant Alcohol By Volume, Inc.
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ORDER
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Based upon the above stipulation of the parties, it is hereby ordered that:
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1.
The initial case management conference currently scheduled for October 26, 2017 is
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continued for a period of 90 days, and the case management conference is rescheduled to
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January 4, 2018
_______________________, 2017.
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2.
All current filing deadlines, specifically including the deadlines for filing of the Joint
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Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued and reset
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in accordance with the rescheduled case management conference.
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3.
Within 100 days of this Stipulation and Order, the parties shall report to the Court
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regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it,
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the impact of that arbitration on this action and the Related Action, and their views as to the
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appropriate handling of this action and the Related Action during the pendency of the JAMS
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arbitration.
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October 10
Dated: __________________, 2017
By:
Edward J. Davila
United States District judge
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Joint Stipulation and [Proposed] Order
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